MASSACHUSETTS AUTOMOBILE INSURANCE MANUAL PRIVATE PASSENGER RESIDUAL MARKET

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1 MASSACHUSETTS AUTOMOBILE INSURANCE MANUAL PRIVATE PASSENGER RESIDUAL MARKET AS OF APRIL 1, 2011 Printed and Distributed by Commonwealth Automobile Reinsurers, 225 Franklin Street, Boston, MA 02110

2 TABLE OF CONTENTS SECTION I - GENERAL RULES Rule No. Page 1 Massachusetts Automobile Insurance Policy - Eligibility Coverages and Limits Coverage Availability Standard Procedures Residence and Location Out-of-State Garaging Policy Period Changes Motor Vehicle Registration Certificates Certified Risks - Financial Responsibility Laws Premium Calculation Rule Whole Dollar Premium Rule Installment Payment of Premiums Deposit Premium Rule Employers Subject to Massachusetts Workers Compensation Act Deductibles - Parts 7, 8 and Substitute Transportation Termination of Insurance Discounts Model Year Rating Fire, Theft and Combined Additional Coverages Vehicle Rating Group (VRG) Program High-Theft Vehicles Extra-Risk Rating (Collision and Comprehensive) Reserved for Future Use Reserved for Future Use SECTION II - PRIVATE PASSENGER AUTOMOBILES Rule No. Page 27 Private Passenger Definition Private Passenger Classifications Reserved For Future Use Personal Injury Protection - Deductible Options Transportation of Fellow Employees Reserved for Future Use Towing and Labor Cost Trailers Designed for Use with Private Passenger Motor Vehicles Reserved for Future Use... 23

3 SECTION III - MISCELLANEOUS MOTOR VEHICLES AND COVERAGES Rule No. Page 39 Motor Homes/Camper Bodies Reserved for Future Use Stated Amount Coverage Reserved for Future Use Low Speed Vehicles Motorcycles, Motorscooters, Mopeds and Similar Motor Vehicles Agreed Amount Coverage Comprehensive Excess Electronic Equipment Coverage Customized Vans and Pickups SECTION IV - NON-OWNED AUTOMOBILES Rule No. Page 48 Reserved for Future Use Reserved for Future Use Use of Other Automobiles Reserved for Future Use SECTION V - SUPPLEMENTAL INFORMATION Rule No. Page 54 Anti-Theft Device Discounts Pre-Insurance Inspection Program Merit Rating Plan Reserved for Future Use Registry of Motor Vehicles Procedures... 41

4 ADDITIONAL ITEMS Private Passenger Endorsement Index... B-1 Page RATING TERRITORIES SECTION Page Rating Territories... T-1 - T-6 RATE SECTION Page Memorandum... R-1 Private Passenger Rates...R-2 R-34 VRG Relativities..R-35 R36 VRG Assignment by Price List.R-37 Stated Amount Divisors.R-38 Stated Amount Rates...R-39 R-43 Motorcycle Rates.....R-44 R-50 Miscellaneous Rating Factors..RS-1 Miscellaneous Motor Vehicles...RS-2 High Theft Vehicle Section... HT-1 - HT-4

5 Memorandum of Changes April 1, 2011 Rule 11. Rule 14. Rule 19. Rule 20. Rule 22. Rule 23. Rule 25. Rule 27. Rule 32. Rule 34. Rule 39. Rule 41. Rule 43. Rule 45. Rule 47. Rule 50. Premium Calculation Rule Language is revised to clarify the rating calculation and to reference the application of the model year/vehicle rating group relativity in the calculation of premium. Deposit Premium Rule The rule is modified to reflect the amendment of Rule 28 of the MAIP Rules of Operation determining down payment for an assigned risk that has been in default in payment of premium during the preceding 24 months. Discounts All discounts remain unchanged from the prior year. Language is amended to reference the implementation of the AIB vehicle rating group (VRG) program in place of the ISO symbol program to determine physical damage premium. Model Year Rating The rule is rewritten to define model year used in the determination of physical damage premium. The rating procedure is moved to Rule 22, where the VRG program is described and the model year/vrg rating is defined. Vehicle Rating Group (VRG) Program The obsolete rule 22 (Non-Symbolled Vehicles and Rating Vehicles for Which Symbols Are Not Shown on the Rate Pages) is deleted and replaced with the proposed rule describing the VRG program and defining the model year/vrg rating procedure. High Theft Vehicles The rule is amended to appropriately reference the High Theft Vehicle list. Vehicle Series Rating The rule is deleted as this rating procedure is no longer applicable under the VRG program. Private Passenger Definition The definition is amended to reference the AIB VRG assignment in place of the ISO symbol, and to reflect the requirement for appraisals Pick-Ups, Vans and Similar Type Vehicles The rule is deleted as this rating procedure is described in Rule 22. Trailers Designed for Use with Private Passenger Motor Vehicles The rule is amended to reference VRG in place of symbol. Motor Homes/Camper Bodies The rule is amended to reference VRG in place of symbol. Stated Amount Coverage The rule is amended to describe the rating procedure with the implementation of the VRG program. Low Speed Vehicles The rule is amended to reference VRG in place of symbol. Agreed Amount Coverage - Comprehensive The rule is amended to reference VRG in place of symbol. Customized Vans and Pick-Ups The rule is amended to reference VRG in place of symbol. Use of Other Automobiles The rule is amended to reference VRG in place of symbol. i

6 SECTION I - GENERAL RULES RULE 1. ELIGIBILITY All individually owned vehicles registered under the Massachusetts Compulsory Motor Vehicle Law that are eligible for private passenger motor vehicle insurance under the rules of the Massachusetts Automobile Insurance Plan (MAIP) may be rated in accordance with this manual and written on the Commonwealth Automobile Reinsurers (CAR) Massachusetts Automobile Insurance Policy. RULE 2. COVERAGES AND LIMITS The types of coverages available in the CAR Massachusetts Automobile Insurance Policy are: Compulsory Insurance Coverages Part 1 - Bodily Injury To Others The basic limits are $20,000 each person and $40,000 each accident. Part 2 - Personal Injury Protection The basic limit is $8,000 for each person. Refer to Rule 30 for available deductibles. Part 3 - Bodily Injury Caused By An Uninsured Auto The basic limits are $20,000 each person and $40,000 each accident. Increased limits are available. The limits may not exceed the limits of Part 5, or if Part 5 is not purchased, Part 1 of this policy. This coverage is excess over Personal Injury Protection. Part 4 - Damage To Someone Else s Property The basic limit is $5,000 each accident. Increased limits are available. Optional Insurance Coverages Part 5 - Optional Bodily Injury To Others The basic limits are $20,000 each person and $40,000 each accident. Increased limits are available. Part 6 - Medical Payments The basic limit is $5,000 each person. Higher limits are available for all motor vehicles rated in this manual. Motorcycle limits are available from $500 to $25,000. This coverage is excess over Personal Injury Protection. Part 7 - Collision This coverage is subject to a basic deductible of $500. A deductible of $300 is available subject to underwriting requirements established by the insurer, as permitted by law. Higher deductibles are available at the option of the insured. Waiver of Deductible is available at the option of the insured. Endorsement MPY-0016-S must be attached. This coverage is written on an actual cash value or stated amount basis. Part 8 - Limited Collision This coverage is subject to a basic deductible of $500. Other deductibles or full coverage are available at the option of the insured. This coverage is written on an actual cash value or stated amount basis. Part 9 - Comprehensive This coverage is subject to a basic deductible of $500. A deductible of $300 is available subject to underwriting requirements established by the insurer, as permitted by law. Higher deductibles are available at the option of the insured. A separate $100 glass deductible is also available at the option of the insured. Endorsement MPY S, titled $100 Glass Deductible, must be issued with the policy. This glass deductible is in addition to the otherwise applicable deductible for Part 9. This coverage is written on an actual cash value, stated amount or agreed amount basis. Part 10 - Substitute Transportation This coverage pays for loss of use to a motor vehicle as a result of an accident or loss. Refer to the Miscellaneous Rating factors page for applicable limits and premiums. 1

7 Part 11 - Towing And Labor This coverage will pay up to $50 or up to $100 for towing and labor costs for each auto disablement. It is available only for private passenger motor vehicles, as defined in Rule 27, and motorcycles. Part 12 - Bodily Injury Caused By An Underinsured Auto The basic limits are $20,000 each person and $40,000 each accident. Increased limits are available. The limits may not exceed the limits of Part 5, or if Part 5 is not purchased, Part 1 of this policy. This coverage is excess over Personal Injury Protection. Other Coverages Available Are For: Fire, Theft and Combined Additional Coverage subject to a basic deductible of $500. Higher Deductibles are available at the option of the insured. Theft coverage may be granted only in connection with Fire Coverage, and for a like amount in both cases. These coverages are written on an actual cash value basis or stated amount basis. Endorsement MPY-0031-S, titled Other Optional Insurance Combined Additional Coverage, must be issued with the policy when this coverage is afforded. Endorsement MPY-0028 S, titled Other Optional Insurance Fire, Lightning and Transportation, must be issued with the policy when this coverage is afforded. Endorsement MPY-0029-S, titled Other Optional Insurance Theft, must be issued with the policy when this coverage is afforded. RULE 3. COVERAGE AVAILABILITY Massachusetts law and the provisions of Rule 27 of the MAIP Rules of Operation require insurers to make the following levels of coverage available at the insured s request for policies assigned through the MAIP: 1. Limits up to $250,000 each person and $500,000 each accident for Parts 3, 5 and 12. Limits above $250,000 each person and $500,000 each accident may be provided at the option of the insurer. 2. $8,000 each person for Part 2 3. $25,000 each person for Part Actual cash value subject to a $500 deductible for Parts 7, 8 and 9, including fire, theft, and combined additional coverage. Insurers must charge an extra-risk rate or refuse Collision and Comprehensive coverages under certain circumstances as required by law. Refer to Rule 24 for extra-risk rating procedures. RULE 4. STANDARD PROCEDURES A. Renewals 1. The insurer must mail the coverage selections page not less than thirty days prior to policy expiration. The coverage selections page may be accompanied by the Massachusetts renewal form. If the Massachusetts renewal form is sent to the policyholder, it is not necessary for the policyholder to return this form to the producer or company representative unless the information contained on the coverage selections page or the Massachusetts renewal form is inaccurate or obsolete. 2. The insurer may elect to secure payment of a deposit premium. The premium quotation shall be based on the latest classification information and premium charges established for the renewal policy. 3. Failure to pay the deposit premium may result in cancellation of the policy. The specific reason for cancellation is non-payment of any required premium. The Cancellation Notice must also contain the following statement: This cancellation will not take effect if the full amount due shown above is paid on or prior to the effective date of cancellation. 2

8 B. Non-Renewal 1. An insurer may refuse to renew a policy assigned to it through the MAIP only at the expiration of the third or subsequent renewal as described in the MAIP Rules of Operation No insurer shall refuse to renew a policy unless written notice is provided to the insured, or the producer or broker producing the business, at least forty-five days prior to the expiration of the policy. a. The insurer s notice of its intent not to renew the policy should be electronically transmitted in accordance with procedures prescribed by the Registry of Motor Vehicles. b. If the notice is sent by the company to the producer or broker producing the business, such producer or broker shall, within fifteen days of receiving such notice, send a copy to the insured if the producer or broker is unable to secure replacement coverage for the policyholder. C. New Business 1. The producer is required to submit a new business application for the applicant 2. The producer must verify that there is no automobile insurance premium owed to the former insurer or producer. 3. The producer of record must provide the information necessary for an insurer to transmit data to the Registry of Motor Vehicles for each vehicle insured. In addition to reporting the necessary information to the insurer, the producer shall prepare an RMV-3 form, accompanied by the appropriate fee, for processing by the Registry of Motor Vehicles. 4. At the same time this information is provided to the assigned insurer, the producer of record shall notify the former producer of record, if known, and the former insurer, that a certificate of coverage has been issued for the policy. The notice must meet the following minimum standards: The notice must be signed by the producer of record for the newly assigned policy or issued on the assigned insurer s letterhead; and The notice must bear the registry stamp of the new insurer. The stamp may be in electronic format. Such notice may be made in hard copy or electronic format, and copies are acceptable. 5. Upon receipt of the notice of coverage, the former insurer, if any, shall: a. Notify the Registry that coverage has been discontinued as of the date shown in the notice; b. Compute the return premium, if any, as of the date shown on the notice in accordance with Massachusetts law. D. Cancellation 1. Cancellation must be given in accordance with Massachusetts law and the MAIP Rules of Operation. Any notice of cancellation shall include the specific reason(s) for cancellation. Any return premium owed the policyholder shall be made in accordance with provisions of Rule 18 of this manual. The insurer must electronically notify the Registry of Motor Vehicles in accordance with the procedures established by the Registry. RULE 5. RESIDENCE AND LOCATION The proper rate schedules and rules are those effective in the city or town where the automobile is principally garaged. Motor vehicles used by salesmen or solicitors, or those with similar duties, requiring the operation of the motor vehicle in more than one rating territory in Massachusetts, shall be assigned to the territory determined by the place of principal garaging, or, if there is no specific city or town of principal garaging, then, by the residential address of the operator, or, if the residential address of the operator cannot be determined, then, by the Massachusetts 3

9 business address of the operator. No adjustment of the premium shall be made by reason of a change in the place of principal garaging during the policy period unless such change is permanent. Massachusetts registration is required of non-residents in accordance with reciprocal agreements with the various states as determined by the Registrar of Motor Vehicles. Any motor vehicle owned by a non-resident of Massachusetts for which Massachusetts registration is required, regularly garaged inside the Commonwealth, shall be charged the rate for the territory in which the motor vehicle is principally garaged by such non-resident during the period of Massachusetts registration. RULE 6. OUT-OF-STATE GARAGING Any motor vehicle, whether owned by a resident or non-resident of Massachusetts for which Massachusetts registration is required, principally garaged outside of Massachusetts shall be written at limits of liability at least equal to the financial responsibility limits of the state of principal garaging, and shall be charged the rates for vehicles garaged in Territory 9. RULE 7. POLICY PERIOD A. Policies issued by assignment through the MAIP shall be for 12 month terms. B. Policies insuring individually owned motorcycles, trailers and other recreational-type vehicles shall, at the option of the insured, be issued for a period of less than one year with policy expiration to be coterminous with the registration. Endorsement M-0103-S, titled Non-Renewal of Policy (Motorcycles, Recreational Vehicles & Trailers), must be issued with the policy. Recreational-type vehicle means a land motor vehicle subject to a motor vehicle registration which expires November 30 or December 31, and is principally used for vacation travel or leisure-time activity. Registration for motorcycles expires December 31. Registration for all other recreational vehicles expires November 30. The premium for such policies shall be determined by applying the appropriate percentage to the annual rate based on policy inception date as shown in the table below. If a short term policy is cancelled at the request of the insured later than thirty days from the effective date or later than thirty days from the receipt of the policy, whichever is later, the return premium shall be calculated on a short rate basis using the appropriate short rate table applicable to short term policies found in Rule 18. *All dates inclusive Percentages for Short Term Policies Date Interval* Percent of All Other Motorcycle Annual Rates Dec Jan Jan Feb Feb Mar Mar Apr Apr May May 1-31 Jun Jun Jul Jul Aug Jul Aug Aug Sep Aug Sep Sep Oct Sep Oct Oct Nov Oct Nov Nov Dec Nov Dec

10 RULE 8. CHANGES A. All mid-term changes to the policy requiring adjustments of premium shall be computed pro rata based on the rates in effect on the policy inception date. B. Minimum Premiums 1. If an outstanding policy is amended and results in a premium adjustment of less than $5, such adjustment may be waived, or it may be made subject to a minimum adjustment of $5 except that the actual return premium of less than $5 shall be allowed at the request of the insured. 2. A minimum premium of $5 shall apply if an additional premium results because a coverage is added, or the limits of liability are increased, or a deductible is reduced, at the request of the insured during the policy period. 3. If a return premium of less than $5 results because a coverage is cancelled, or limits of liability are reduced, or a deductible is increased at the request of the insured, no refund need be made except at the request of the insured, in which case the actual return premium shall be allowed. 4. If the limits of liability are increased because of a change in the limits prescribed under any financial responsibility law, the additional premium charge shall be the actual difference in premium charges; if less than $5, it may be charged or waived. RULE 9. MOTOR VEHICLE REGISTRATION CERTIFICATES The specific insurance certification requirements under the Massachusetts Compulsory Motor Vehicle Insurance Law are included in Section 1A of General Laws Chapter 90. Motor vehicles not subject to the Compulsory Law do not require insurance certification. Every insurance carrier issuing a motor vehicle liability insurance policy covering a motor vehicle or trailer subject to the Compulsory Law must issue the prescribed Motor Vehicle Registration Certificate indicating a policy or binder has been issued covering such motor vehicle or trailer. No form or certificate shall be used other than that which is a part of the Massachusetts motor vehicle application for registration. Certificates shall be executed in the name of the insurance carrier only by individuals authorized to sign in the prescribed Authorization To Sign Motor Vehicle Registration Certificates form filed with the Commissioner of Insurance. Section 34 B of General Laws Chapter 90 provides penalties for unlawful use of the Motor Vehicle Registration Certificate. RULE 10. CERTIFIED RISKS - FINANCIAL RESPONSIBILITY LAWS A. Application If a certificate of insurance is necessary to comply with the requirements of a financial responsibility Law of any state or province of Canada, the insurance company must issue evidence of financial responsibility upon request of the insured. In the event that evidence of financial responsibility is required as the result of a motor vehicle violation, a policy affording Damage To Someone Else s Property (Part 4) and Optional Bodily Injury To Others (Part 5) shall be construed to have the necessary limits of liability of the state or province. NOTE: A charge shall be made for any filing required because of a motor vehicle accident. In the event that a certificate of insurance for the future is required as the result of a conviction of a motor vehicle violation, the policy limits shall be increased to afford limits of liability not less than that required by the financial responsibility laws of the state or province requesting certification and premium shall be increased accordingly. 5

11 The filing of a financial responsibility certificate of insurance as the result of a conviction of a motor vehicle violation requires the following rate adjustments to be allocated evenly between the Part 4 and Part 5 premiums computed as follows: Owners 1. If an owner is required to file evidence of financial responsibility for owned automobiles and for the operation of automobiles which he does not own, the additional premium shall be computed by applying the applicable rate adjustment in Section B to the sum of the total of Parts 1, 2, 4 and 5 premium for the highest rated automobile owned by the insured. 2. In all other cases, the additional premium shall be computed by applying the applicable rate adjustment in Section B to the total premium for Parts 1, 2, 4 and 5 for the highest rated automobile owned by the insured, modified in accordance with this rating plan. B. Rate Adjustments 1. A 50% rate adjustment is applicable if the certificate is required for a conviction listed below. This surcharge is to be applied for the period of time a certificate is required, but in no event for a period in excess of three years following conviction. Thereafter, a 5% rate adjustment applies. a. Driving a motor vehicle while intoxicated or under the influence of marijuana or a narcotic drug. b. Failing to stop and report when involved in an accident. c. Homicide or assault arising out of the operation of a motor vehicle. 2. A 25% rate adjustment is applicable if the certificate is required for a conviction listed below. This surcharge is to be applied for the period of time a certificate is required, but in no event for a period in excess of three years following conviction. Thereafter, a 5% rate adjustment applies. a. Driving a motor vehicle at an excess rate of speed where an injury to a person or damage to property actually results therefrom. b. Driving a motor vehicle in a reckless manner where an injury to person or damage to property actually results therefrom. 3. A 5% rate adjustment is applicable if the certificate is required for any other cause whatsoever. 4. Rate adjustments are to be multiplied by the final premium as developed for Parts 1, 2, 4 and 5. RULE 11. PREMIUM CALCULATION RULE The following sequence shall be used in rating the policy. 1. Determine the premium for parts 1-6 and 12 as follows: a. Identify the manual rate for the appropriate driver rating class, territory, and coverage limit from the Rate Section. b. Adjust the manual rate for part 2 for the appropriate deductible level using the factors from the Miscellaneous Rating Factor page in the Rate Section. 2. Determine the premium for parts 7 and 9 as follows: a. Determine the model year as described in Rule 20. b. Determine the VRG as described in Rule 22. c. Identify the manual rate for the applicable driver rating class and territory from the Rate Section. d. Multiply the applicable manual rate times the applicable model year/vrg relativity for Parts 7 and 9. e. Determine the appropriate deductible charges and factors from the Miscellaneous Rating Factor Page in the Rate Section. f. Apply the appropriate High-Theft Vehicle and Extra-Risk Rating factors per Rules 23 and 24, if appropriate, using rating factors from the Miscellaneous Rating Factor page in the Rate Section. 3. If limited collision coverage (part 8) is selected, adjust the part 7 premium determined in step 2 by the applicable rating factor in the Miscellaneous Rating Factor page. 4. Apply the appropriate discount(s) to the premium developed in steps 1-3 as follows: 6

12 a. Refer to Rule 19 for a definition of the available discounts. Refer to the Miscellaneous Rating Factor page in the Rate Section to identify the discount rates. b. Parts 1-9 and 12 may be subject to more than one discount. In such case, the order of the discounts shall be (1) annual mileage, (2) multi-car, (3) anti-theft, (4) continuous coverage, (5) low frequency, and (6) class 15. The discount shall be rounded to the nearest dollar after each application. 5. Apply the appropriate merit rating adjustment in accordance with Rule 56 to the premium developed in steps Determine premium for parts 10 and 11, if applicable, using appropriate limits and premiums reflected on the Miscellaneous Rating Factors page (RS-2). RULE 12. WHOLE DOLLAR PREMIUM RULE The premium for each exposure means the premium developed for each coverage for each automobile after the application of all applicable discounts. The premium for each exposure shall be rounded at each step to the nearest whole dollar, separately for each coverage provided by the policy. A premium involving $0.50 or more shall be rounded to the next whole dollar at the end of each step. This does not apply to Part 5, 20/40 limits and Part 6, $5,000 limit where rates displayed in the manual may be used or rounded to the lower whole dollar. This procedure shall apply to all interim premium adjustments, including endorsements or cancellations at the request of the insured. In the case of cancellation by the company, the return premium may be carried to the next higher whole dollar. RULE 13. INSTALLMENT PAYMENT OF PREMIUMS The installment payment plans offered to policyholders insured through the MAIP are governed by the MAIP Rules of Operation. All motor vehicle insurance policy premium charges are due and payable on the effective date of the policy, subject to the provisions of the Deposit Premium Rule (Rule 14), unless an installment payment plan is used. RULE 14. DEPOSIT PREMIUM RULE A company, its producer or any broker may require deposit premium prior to the issuance of a policy provided the per vehicle deposit does not exceed 25% for new business or 20% for renewal business of the applicable annual premium for the insurance requested in accordance with the MAIP Rules of Operation. If the applicant has been in default in the payment of any premium for automobile insurance or merit rating adjustment during the preceding 24 months which resulted in the cancellation of that policy, the applicant will be required to provide a premium deposit of 80% of the MAIP premium, or if known, 100% of the insurer s voluntary premium. RULE 15. EMPLOYERS SUBJECT TO MASSACHUSETTS WORKERS COMPENSATION ACT Motor vehicles owned by an employer subject to the Massachusetts workers compensation law not used at any time to transport persons other than employees of the named insured shall be eligible for a 25% reduction in the Personal Injury Protection premium otherwise applicable. A vehicle which qualifies for this reduction is not eligible for any Personal Injury Protection deductible. RULE 16. DEDUCTIBLES - PARTS 7, 8 and 9 Deductibles, higher than the standard deductible, are available for Collision, Limited Collision and Comprehensive Coverages including Fire, Theft and Combined Additional Coverages. Refer to the Miscellaneous Rating Factors page for applicable factors. RULE 17. SUBSTITUTE TRANSPORTATION The charges for this coverage are on a per vehicle/per year basis for automobiles and motorcycles. Refer to the Miscellaneous Rating Factors page for applicable limits and premiums. 7

13 RULE 18. TERMINATION OF INSURANCE A. Cancellations The following provisions apply when a policy is cancelled: 1. If a policy is cancelled by the insurer at any time, or by the insured within thirty days of the effective date or within thirty days of the receipt of the policy, whichever is later, the return premium shall be computed pro rata. "Policy" in this instance includes the copy of the coverage selections page. 2. If the policy is cancelled at the request of the insured later than thirty days from the effective date or later than thirty days from the receipt of the policy, whichever is later, the return premium shall be calculated on a short rate basis except that in the following cases the return premium shall be computed pro rata: a. If the insured has disposed of the automobile, provided the insured takes out a new policy in the same company on another automobile to become effective within thirty days of the date of cancellation. b. If the insured automobile is repossessed under terms of a financing agreement. c. If an automobile is cancelled from a policy, the policy remaining in force on other automobiles, or if there remains in force in the name of the insured or spouse, if a resident of the same household, and in the same company, a concurrent automobile policy covering another automobile. d. If the insured enters the military service of the United States of America. e. If the insured deletes or reduces any coverage and the policy remains in effect for other coverage. f. If the policyholder requests cancellation of a policy because coverage has been replaced in the voluntary market, and provides the ARC written confirmation of the replacement coverage. [Consistent with current MAIP rules] 3. Except as otherwise provided by law, no cancellation of the policy, or any of its parts, whether by the company or by the insured, shall be valid unless written notice thereof is given by the party proposing cancellation to the other party at least twenty days in each case prior to the intended effective date thereof. Notice of cancellation sent by the company to the insured and the loss payee at the addresses stated in the policy by regular mail for which a certificate of mailing receipt has been obtained from the United States Postal Service, shall be a sufficient notice and that an affidavit of any officer, producer, or employee of the company, duly authorized for the purpose that he has so sent such addressed as aforesaid, shall be prima facie evidence of the sending thereof as aforesaid. When the cancellation becomes effective, the company shall electronically transmit the pertinent data to the Registry of Motor Vehicles in the manner prescribed by the Uninsured Motorists System (UMS). The written notice to the insured shall specify the reason or reasons for cancellation. If the reason for cancellation is non-payment of premium, the Notice of Cancellation shall state the amount that must be paid to the company to avoid cancellation for all the insurance provided and shall state in substance that the cancellation will not be effective if the insured pays the full amount of such deficiency on or prior to the effective date of the cancellation. If a cancellation of the policy results in a return premium of less than $5.00, no refund need be made except at the request of the insured, in which case the actual return premium shall be allowed. No policy in effect prior to a rate level revision shall be endorsed or cancelled and rewritten to take advantage of such a revision or to avoid the application of such a revision. B. Theft of Vehicle or Plates 1. If the insured automobile is stolen or destroyed (total or constructive total loss) and cancellation is requested by the insured within thirty days following the date the automobile is stolen or destroyed, the return premium for all coverages (including the premium for the coverages under which loss was paid) shall be calculated on a pro rata basis from the day following the date of such loss. 2. If the insured registration plates are stolen or destroyed, a lost plate affidavit is to be issued to the Registry of Motor Vehicles canceling only coverage with respect to such plates effective the day following the date of such loss, and the policy shall continue to provide coverage with respect to any replacement plates. 8

14 3. If the insured files a lost plate affidavit with the Registry of Motor Vehicles, the company may cancel the policy. C. Sale or Transfer of Motor Vehicle, Surrender of Registration Plates, or Filing of a New Certificate The policy shall terminate upon: 1. The sale or transfer of title by the owner of the motor vehicle or trailer thirty (30) days after the transfer unless the owner has registered a replacement motor vehicle. 2. The surrender to the Registry of Motor Vehicles of the registration plates issued to the owner of the motor vehicle by the Registrar of Motor Vehicles under Chapter 90, with a written statement, in such form as the Registrar may require, that they are surrendered to cancel the registration of, and the insurance under, the policy for such motor vehicle or trailer. 3. The filing with the Registry a certificate of insurance of another company as of the effective date of such certificate. NOTE: If more than one motor vehicle or trailer is described in the policy, the termination of coverage applies only to the motor vehicle or trailer involved in one of the situations described above. D. Reinstatement If a policy has been cancelled by an insurance company, and such policy is later reinstated by the Board of Appeal on Motor Vehicle Liability Policies and Bonds or by a court of competent jurisdiction, the premium charge for the unexpired term of the policy shall be calculated pro rata based on the premium applicable to the policy when originally issued. E. Plates Returned Receipt In the event that a policy has been terminated by (a) sale or transfer of the motor vehicle, or (b) surrender of the registration plates by the owner of the motor vehicle with a written statement in such form as the Registrar may require, that they are surrendered to cancel the registration of, and the insurance under, the policy for such motor vehicle or trailer, a receipt from the Registry of Motor Vehicles stating that the registration plates have been surrendered must be furnished to the insurance company. F. Leased Vehicles Under Long Term Contract In the event a policy on a leased vehicle under a long-term contract is cancelled, the cancellation notice is to be issued in the name of the person or organization to which the policy was issued. A copy of the cancellation notice must be sent to the owner/registrant also, if it is other than the person to whom the policy was issued. Upon the intended effective date of cancellation, a notice issued in the name of the actual owner/registrant must be electronically transmitted to the Registry by the company. G. Instructions For Use of Pro Rata or Short Rate Table 1. Express the date of cancellation by year and decimal part of a year by combining the calendar year with the decimal appearing opposite the month and day in the Pro Rata Table, e.g., March 7, 2011, is designated as In like manner express the effective date of the policy by year and decimal part of a year and subtract from the cancellation date. 3. The difference, in the case of one year policies, represents the percentage of the annual premium which is to be retained by the carrier. Examples: Cancellation date September 22, Effective date July 6, Earned premium for one year policy term will therefore be.214 times the annual premium. 9

15 Cancellation date March 7, Effective date December 15, Earned premium for one year policy term will therefore be.225 times the annual premium. NOTE: As it is not customary to charge for the extra day (February 29) which occurs one year in every four years, this table shall also be used for each such year. Instructions for Short Rate Table: 1. Determine the pro rata earned premium in accordance with the previous instructions. 2. Add that factor to the following factor: Policy Period Months in Effect in excess of but less than Factors Apply the factor determined in 2 above to the annual premium to compute the percentage of the annual premium which is to be retained by the company. Example: Pro rata premium in example.214 Short rate factor (policy in effect 2-3 months) Earned premium for annual policy cancelled on a short rate basis is.264 times the annual premium. 10

16 PRO RATA TABLE January February March April May June Day Of Month Day of Year Ratio Day of Month Day of Year Ratio Day of Month Day of Year Ratio Day of Month Day of Year Ratio Day of Month Day of Year Ratio Day of Month Day of Year Ratio July August September October November December Day of Month Day of Year Ratio Day of Month Day of Year Ratio Day of Month Day of Year Ratio Day of Month Day of Year Ratio Day of Month Day of Year Ratio Day of Month Day of Year Ratio

17 (Rule 18) SHORT RATE CANCELLATION OF SHORT TERM POLICIES Percentages of Policy Premiums to be Retained by Insurance Company Policy Effective Date No. of Days August September October November December in force Jan. Feb. Mar. Apr. May June July TABLE (Motorcycles with Registration Expiration of December 31) No. of Days July August September October November in force Dec. Jan. Feb. Mar. Apr. May June TABLE (All Vehicles with Registration Expiration of November 30)

18 RULE 19. DISCOUNTS A. Multi-Car A policyholder who owns two or more automobiles and purchases coverage from the same company for at least two such automobiles, shall be entitled to a reduction of the premium applicable to Coverage Parts 1, 2, 4, 5, 7, 8 and 9. At least two of the automobiles must be private passenger vehicles as defined in Rule 27, except that vehicles classified as antiques are not eligible. The premium reduction applies only to private passenger vehicles as defined in Rule 27. Refer to Miscellaneous Rating Factors page for applicable discount. B. Anti-Theft Device Refer to Anti-Theft Discounts Rule 54. C. Class 15 Premiums otherwise applicable to class 10 automobiles shall be reduced by 25% for insureds age 65 or older. If the principal operator becomes age 65 during the policy year, the class 10 premium shall be adjusted as of that date but no later than the next policy renewal date. A notice of this classification change must be sent to the policyholder either prior to or with the proposed adjustment. The policyholder is required to notify the company of any change in operator usage which would affect entitlement to the discount. D. Annual Mileage Discount A discount of the premium paid for Parts 1, 2, 3, 4, 5, 6, 7, 8 and 12 will be given to eligible policyholders on request, when the annual mileage of the vehicle falls into one of two categories. The discount will be based on the actual mileage driven in the previous policy year as determined by a comparison of two odometer readings, at least six months apart, from Registry of Motor Vehicle information or the Annual Mileage Discount Form and other standard automobile insurance forms available to the company. Refer to the Miscellaneous Rating Factors page for the applicable categories and discounts. 1. Eligibility The vehicle must be a private passenger vehicle as defined in Rule 27, except that vehicles classified as Antiques are not eligible. The company may request that the applicant for the discount complete the Annual Mileage Discount Form for the verification of eligibility for the discount. 2. Verification The company may use the odometer readings provided by the applicant on the Annual Mileage Discount Form or other standard forms available to the company, in order to verify the mileage driven in the past year. The company shall compute the annualized difference between the odometer reading at the time of application and the previous odometer reading to determine eligibility. If a vehicle replaces a vehicle which is receiving the discount, the annual mileage of the prior vehicle will be attributed to the replacement vehicle. The company may use information from the Vehicle Inspection System of the Registry of Motor Vehicles to verify annual mileage. The difference in the two most recent odometer readings reported by the Registry, if at least six months apart, shall be annualized to determine eligibility for the discount. If the Registry reports only one reading, which is more than six months before the application for the discount, the applicant may provide a current odometer reading on the Annual Mileage Discount Form, and the difference shall be annualized to determine eligibility. If two odometer readings, at least six months apart, are not available to the company through the Registry of Motor Vehicles, the Annual Mileage Discount Form or other standard forms, the vehicle is not eligible for the annual mileage discount. 13

19 3. Application of Discount The applicable discount applies to rates otherwise determined for each insured vehicle by coverage, limits purchased, territory, driver class, and model year and vehicle rating group prior to the application a merit rating adjustment. E. Continuous Coverage The MAIP premium for Parts 1, 2, 4 and 5 will be reduced following the assigned company s verification of a rated operator s eligibility for the continuous coverage discount. The discount shall apply to each rated operator that has been insured without a lapse in coverage under an automobile insurance policy for the 12 month period preceding the effective date of the policy. A rated operator is considered continuously insured if the operator was the named, listed, or rated insured on an automobile insurance policy for the 12 month period preceding the effective date of the policy. 1. Eligibility The vehicle must be a private passenger vehicle as defined in Rule 27. To be eligible for the discount when the policy is first assigned to a company, a copy of the coverage selections page confirming coverage up to the effective date of the new policy for any or all of the operator(s) listed on the application must be attached to the new business application submitted to the assigned company in accordance with CAR Rule 31.B.5.Rated operators that are not eligible for the continuous coverage discount are: a. Operators that have been licensed less than 12 months; b. Operators that are new to Massachusetts who cannot demonstrate proof of licensing for the previous 12 months and are assigned to Class 20 or 21 in accordance with rule 28.B.3 of this manual are not eligible for the continuous coverage discount; c. Operators assigned as the rated operator on a vehicle according to Rule 28 of this manual when the policy is first assigned to the company for whom a copy of the prior policy coverage selection page(s) indicating that the operator was insured up to the effective date of the new policy has not been furnished; and d. Any operators insured under a policy assigned to a company that is cancelled due to nonpayment of premium and results in a lapse in coverage at any time during the policy s three year assignment to the company. 2. Verification Upon timely receipt of the prior policy coverage selections page for an operator that will be a rated operator under the policy when first assigned to the company, the company shall verify that operator s eligibility for the continuous coverage discount using the Uninsured Motorist System of the Registry of Motor Vehicles, direct confirmation of continuous coverage with the prior insurer shown on the prior policy coverage selection page, or other reputable vendors of automobile insurance coverage information. For rated operators who are new to Massachusetts that can demonstrate licensure for the 12 months preceding the policy effective date, the assigned company shall attempt to verify the operator s eligibility for the discount through direct confirmation of continuous coverage with the prior insurer, or other vendors of automobile insurance coverage information. If eligibility for the discount cannot be confirmed through any of the verification processes described above, the discount shall not apply. Continued eligibility for the discount at renewal shall be based on the assigned company s internal policy records for the previous 12 months. Refer to the Miscellaneous Rating Factor page for the applicable discount factor. 14

20 F. Low Frequency The MAIP premium for Parts 1, 2, 4 and 5 will be reduced following the assigned company s verification of a rated operator s eligibility for the low frequency discount. The discount shall apply to each rated operator that has 4 or less merit rating points as defined in Rule 56 Merit Rating Plan, and where a claim payment under any or all of the above coverage parts has not been made to or on behalf of the rated operator in connection with more than one accident during the three years preceding the effective date of the policy. 1. Eligibility The vehicle must be a private passenger vehicle as defined in Rule Verification The assigned company shall verify each rated operator s eligibility for the low frequency discount. The company shall verify eligibility using information from reputable vendors of operators automobile insurance claim payment histories and traffic violations and its own claim payments. An assigned company may optionally elect a short form verification process instead of the verification process described above. Under the short form option, an assigned company agrees to verify each rated operator s eligibility for the low frequency discount for each policy assigned to it solely on the basis of the information used to compute the rated operator s merit rating adjustment under Rule 56 of this manual and the claim payments it makes under the provisions of the assigned policy. Companies who use the short form verification option must utilize this procedure for all assigned risks, and must notify CAR of their intent to do so least 20 days prior to implementation. When a policy is assigned by the MAIP to such a company, CAR will notify the producer of the company s short form verification requirements at the time the producer is notified of the company assignment. Companies may rescind the short form verification option at any time provided CAR receives notice at least 20 days in advance of implementation. An assigned company that changes its verification process may not subsequently reassess a rated operator s eligibility for the low frequency discount on an in-force policy until the policy renews. Refer to the Miscellaneous Rating Factor page for the applicable discount factor. Rule 20. MODEL YEAR DEFINITION The model year of an auto is used in rating physical damage coverage on an actual cash value basis. The model year of the auto is the year assigned by the auto manufacturer. The model year of rebuilt or structurally altered autos is determined by the model year of the chassis. Rule 21. FIRE, THEFT AND COMBINED ADDITIONAL COVERAGE A. Actual Cash Value Refer to Miscellaneous Rating Factors section for the applicable factors. B. Stated Amount Refer to the Rate Section for any specified peril. Rule 22. VEHICLE RATING GROUP (VRG) PROGRAM The Vehicle Rating Group program assigns vehicles to groups in order to reflect expected cost differences arising from the type of vehicle insured. Vehicles are assigned to groups with each new model year and may be grouped differently depending on the type of coverage. 15

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